While the corporate oppression remedy is a broad remedy that can provide relief to a wide range of shareholders and certain other stakeholders harmed when a corporation is run contrary to their reasonable expectations, it will not provide relief to arm’s length contracting parties who later find that their contract does not give them the protection they want.

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Conrad Black and other officers and directors of Ravelston must attend to be examined under oath, even though there is a risk that their evidence could be used against them in criminal proceedings in the US , the Ontario Court of Appeal ruled in November 2005.[1] This case highlights a serious conflict between the Canadian [...]

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An unfair intercorporate transfer price system in place between Ford Motor Company of Canada and its US parent, Ford Motor Company, oppressed Ford Canada’s minority shareholders, the Ontario Court of Appeal ruled in early 2006. However, because there was no evidence as to when these shareholders owned their shares, they were each entitled to only one day’s damages.

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In late March, the Ontario Court of Appeal overturned the decision of Mr. Justice Farley to remove two new directors of steelmaker, Stelco Inc., during its restructuring under the Companies’ Creditor s Arrangement Act (“CCAA”). In ordering the Stelco directors reinstated, the Court of Appeal highlighted that the discretion given by the CCAA to the [...]

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BY KENNETH DEKKER, JENNIFER ROBERTS-LOGAN, MICHAEL OSBORNE AND TANISHA TULLOCH Canada’s Top Court Highlights the Perils of Ignoring Foreign Actions Beals v. Saldanha, 2003 SCC 72 Two Ontario residents who were sued on an $8,000.00 (U.S.) Florida land deal are likely regretting their decision to ignore the Florida litigation that ultimately led to a $800,000.00 [...]

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